La. Admin. Code tit. 7 § V-1213

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1213 - Domesticated and Wild Animals, Relative to Covered Produce

A. The requirements of this Section apply when a covered activity takes place in an outdoor area or a partially-enclosed building and when, under the circumstances, there is a reasonable probability that animals will contaminate covered produce.

B. The requirements of this Section do not apply:

1. when a covered activity takes place in a fully-enclosed building; or

2. to fish used in aquaculture operations.

C. If there is reasonable probability that grazing animals, working animals, or animal intrusion will contaminate covered produce, then:

1. the relevant areas used for a covered activity shall be assessed for evidence of potential contamination of covered produce as needed during the growing season; and

2. if significant evidence of potential contamination is found, such as observation of animals, animal excreta or crop destruction, the covered produce shall be evaluated to determine whether it can be harvested in accordance with the requirements of 21 CFR § 112.112, and reasonably necessary measures shall be taken during growing to assist later during harvest when covered produce that is reasonably likely to be contaminated with a known or reasonably foreseeable hazard shall be identified and not harvested.

D. Nothing in this regulation authorizes the "taking" of threatened or endangered species, as that term is defined by the Endangered Species Act (16 U.S.C. 1531-1544) (i.e., to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct). This regulation does not require covered farms to take measures to exclude animals from outdoor growing areas, or to destroy animal habitat or otherwise clear farm borders around outdoor growing areas or drainages.

La. Admin. Code tit. 7, § V-1213

Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 48399 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:922, and R.S. 9:923.